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OLIVAS v. STATE FARM MUT. AUTO. INS. CO.

No. 08-92-00097-CV.

850 S.W.2d 564 (1993)

Salvador OLIVAS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Dan McDowell, Appellees.

Court of Appeals of Texas, El Paso.

Opinion on Overruling Motion for Rehearing March 24, 1993.

Attorney(s) appearing for the Case

John Grost, J. Morgan Broaddus, III, El Paso, for appellant.

J. Monty Stevens, Dudley, Dudley and Windle, El Paso, for appellees.

Before OSBORN, C.J., and BARAJAS and LARSEN, JJ.

OPINION

OSBORN, Chief Justice.

Case Summary

This case, decided in the trial court on special exceptions, involves the question of whether a party seeking to recover on an underinsured motorist insurance policy for injuries sustained in an accident with a third party, is barred as a result of a settlement of his tort claim for less than the full amount of the third party's insurance coverage.

Facts

Salvador Olivas...

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